Temporary Work (Long Stay Activity) Visa (Subclass 401)

The Temporary Work (Long Stay Activity) visa (subclass 401) was closed to new applications on November 19, 2016. It has been replaced by the Temporary Activity visa (subclass 408). This article provides information for individuals who have already been granted a Temporary Work (Long Stay Activity) visa (subclass 401) and explains their rights and obligations.

Visa Holders

If you have been granted a Temporary Work (Long Stay Activity) visa (subclass 401), you can use Visa Entitlement Verification Online (VEVO) to check your visa details and entitlements. VEVO is a free online service that allows you to verify your visa information.

Duration of the Visa

The Temporary Work (Long Stay Activity) visa (subclass 401) is valid for the duration of the nominated position or up to two years, whichever is earlier. However, sport stream visa holders are usually only permitted to stay in Australia for the duration of the sporting season.

What You Can Do with This Visa

The Temporary Work (Long Stay Activity) visa (subclass 401) allows you to stay in Australia for the period of the nominated position, with a maximum stay of two years. You are permitted to do the work or activity specified in your nomination. Additionally, you can bring eligible family members with you to Australia and enter and leave the country as many times as you want while your visa is valid.

Visa Holder Obligations

As a visa holder, you and your family must comply with all visa conditions and Australian laws. During your stay in Australia, you are required to maintain adequate health insurance. You must also continue to meet the requirements of the visa stream in which you were granted the visa. When your visa ends, you must leave Australia unless you are granted another visa. It is important to note that you can only engage in work or an activity for the employer identified in the nomination. You cannot become unemployed, leave your position to work for someone else, or engage in work or activity inconsistent with the nominated position in your visa application.

If your sponsor ceases your employment, you must either find another employer who is willing to sponsor/support you and apply for a new visa or leave Australia within 28 days or sooner if your visa ends before 28 days have passed.

Family Members

Your family members cannot enter Australia before you. When your visa ends, your family must leave Australia with you. They must intend to remain members of your family unit and maintain adequate health insurance while they are in Australia. Your family members are permitted to work or study in Australia while their visa is valid, subject to any additional conditions that may apply.

Reporting Changes in Circumstances

If your circumstances change, such as a new residential address, a new passport, or a pregnancy, birth, or death in your family, you must inform the relevant authorities. You can use Form 929 Change of address and/or passport details to notify changes in your address or passport. For other changes in your circumstances, you can use Form 1022 Notification of changes in circumstances.

Sponsors

It is no longer possible to apply to sponsor applicants under the Temporary Work (Long Stay Activity) visa (subclass 401). This information is for approved sponsors of people who are on a Temporary Work (Long Stay Activity) visa (subclass 401). Approved sponsors can use Visa Entitlement Verification Online (VEVO for Organisations) to check the visa details and entitlements of the people they have sponsored. However, as of May 19, 2017, sponsors must apply online for approval as a temporary activities sponsor if they want to sponsor a Temporary Activity visa (subclass 408) applicant.

Sponsor Obligations

As a sponsor, you must comply with various obligations. These include cooperating with inspectors, informing the relevant authorities when certain events occur, keeping records, providing records and information to the Minister, not recovering certain costs from another person, paying costs to locate and remove an unlawful non-citizen, and ensuring the visa holder participates in the nominated occupation, program, or activity. Depending on the stream in which the nomination is made, additional obligations such as securing accommodation, paying travel costs, and making positions available to Australian exchange participants may apply. It is important to note that sponsors are responsible for meeting all obligations, even if they have authorized someone else to act on their behalf.

Monitoring of Sponsors and Visa Holders

The Department of Home Affairs monitors sponsors and visa holders to ensure compliance with sponsorship obligations and visa conditions. Monitoring is conducted routinely and in response to information provided to the department. Sponsors may be required to cooperate with inspectors and provide records and information upon request. Failure to comply with obligations may result in administrative actions, enforceable undertakings, or civil penalties. Sanctions can be imposed if sponsors provide false or misleading information, no longer satisfy the criteria for approval as a sponsor, or contravene Commonwealth, state, or territory laws.

It is essential for sponsors and visa holders to understand and fulfill their obligations to ensure a successful and compliant stay in Australia.